Friday, October 31, 2025 - The detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, seeking the dismissal of all charges against him and his immediate release.
In the motion dated October 30, 2025, and titled “Motion on
Notice and Written Address in Support,” Kanu argued that there is no valid
charge against him under any existing law in Nigeria. He said the charges
currently before the court are “a nullity ab initio for want of any extant
legal foundation.”
The IPOB leader, who is representing himself, filed the
motion under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, the
Evidence Act 2011, and the Terrorism (Prevention and Prohibition) Act 2022.
He maintained that the prosecution relied on repealed and
non-existent laws, including the Customs and Excise Management Act (CEMA),
which was repealed by the Nigeria Customs Service Act 2023, and the Terrorism
Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
Kanu said the reliance on such repealed laws violates
Section 36(12) of the Constitution, which prohibits trial for an offence not
defined under an existing law. He therefore urged the court to strike out the
charges in their entirety, insisting they do not constitute any offence known
to law.
Citing the Supreme Court’s decision in FRN v. Kanu
(SC/CR/1361/2022), he argued that lower courts are bound to take judicial
notice of repealed laws under Section 122 of the Evidence Act 2011, adding that
failure to do so renders all proceedings void.
Kanu also contended that the counts against him were
allegedly committed in Kenya, in violation of Section 76(1)(d)(iii) of the TPPA
2022, which requires validation by a Kenyan court before such acts can be tried
in Nigeria. He said this omission nullifies the court’s extraterritorial
jurisdiction and breaches Article 7(2) of the African Charter on Human and
Peoples’ Rights.
He further maintained that under Sections 1(3) and 36(12) of
the Constitution, any law or judicial act inconsistent with the Constitution is
void. He cited previous court decisions such as Aoko v. Fagbemi (1961) 1 All
NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, where convictions based
on non-existent laws were nullified.
Kanu urged the court to direct the prosecution to respond to
his motion strictly on points of law within three days and to deliver a ruling
on or before November 4, 2025.
He stated that his application raises only constitutional
and legal questions derived from existing laws and therefore does not require
an affidavit.
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